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Full text of "North Carolina Register v.3 no. 22 (2/1/1989)"

. I Rl3R. \^f^ll^3H /.f^^/\^Ll 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



I RECESVED 
I 

\ FEB 17 1989 

''''law'librarV 



ii 

} 



PROPOSED RULES 



Cosmetic Art Examiners 



Education 



CONii 

TlTUl llxl 

tiomI II ^ j 



NRCD 



LIST OF RULES AFFECTED 



ISSUE DATE: FEBRUARY 1 5, 1 989 



Volume 3 • Issue 22 • Pages 1010-1 025 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. 0. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register heiore the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporar\' rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per 
manent rule at the same time the temporary rule i; 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules oi 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for IC 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. A 
one year subscription to the full publication in 
eluding supplements can be purchased foi 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions foi 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. (). Dnnvci- II 6M, 

Ralciah, \C 276(14 

(919) 733 - 267S 



Robert A. Melon, 

Director 
James R. Scarcella Sr., 

Deputy Director v_ 
Molly Masich, 

Director ///'./ Services 



ISSl K ( OM KM S 



I. PROPOSKD Rl LKS 
Education 

ricmcntaPy' and 

Secondary Education 1013 

Licensing Board 

Cosmetic j\iX Examiners 1013 

NRCD 

Coastal Management 1010 

Wildlife Resources 
(Commission 101 1 

II. LIST OF RLLLS AFFECI ED 

Ecbruary 1, 1989 1017 

III. CLMLLATFV E INDEX 1022 



Staff: 

Ruby Creech, 

Publications (Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial A ssistant 



NORTH CAROLFSA REGISTER 

Publication Deadlines and Schedules 

(January 19S9 - May 1990) 



Issue 


Last Day 


I^st Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


I learing & 
Adoption by 
Agency 


Date 


++*++++♦ 


******** 


*+++++♦+ 


++++++++ 


+ + + + + + + ■1 


01/02/89 


12 08/88 


12 15 88 


02 01/89 


05/01/89 


01/16,89 


12-27/88 


01 03/89 


02 '15/ 89 


05/01/89 


02/01/89 


01/10/89 


01 17/89 


03/03,89 


06/01/89 


02/15/89 


01;26'89 


02/02 89 


03/17/89 


06/01,89 


03/01/89 


02 08 '89 


02 15 89 


03/31/89 


07/01/89 


03, 15. 89 


02 2189 


03,02,89 


04 14/89 


07/0 r 89 


04,03/89 


03 10 89 


03/17 89 


05, 03 '89 


08/01/89 


04/14/89 


03/23/89 


03 '31 89 


05/14/89 


08/01/89 


05/01/89 


04 10 '89 


04 17/89 


05/31/89 


09/01/89 


05/15/89 


04 24 89 


05 0189 


06/14/89 


09/01/89 


06'01,'89 


05 10 89 


05 17 89 


07/01/89 


10/01 89 


06' 15 '89 


05 24 89 


06 01 89 


07/15 89 


10/01 89 


07/03/89 


06 12/89 


06/19 89 


08 01/89 


11/01 89 


07/14/89 


06/22/89 


06 29 89 


08/13/89 


11/01/89 


08/01/89 


07 11/89 


07 18 89 


08/31/89 


12 01 89 


08' 15 89 


07 25 89 


08 01 89 


09 14 89 


12/01 89 


09,01,89 


08 11 89 


08 18 89 


10 01 89 


01/01 90 


09/15/89 


08,24/89 


08/31 89 


10 15,89 


01/01,90 


10/02/89 


09/11/89 


09 18 89 


11 01,89 


02/01 '90 


10/16/89 


09/25/89 


10 02 89 


11:15,89 


02/01/90 


11/01/89 


10 11 89 


10 18 89 


12 01/89 


03/01/90 


11/ 15 '89 


10 24 89 


10 31 89 


12,15,89 


03/01 90 


12/01/89 


11, 07/89 


1115 89 


12 31/89 


04/01 90 


12/15,89 


11/2289 


12 01 89 


01 14/90 


04/01,90 


01/02/90 


1207/89 


12 14 89 


02 01,90 


05/01/90 


01/1690 


12 20 89 


12 29 89 


02 15,90 


05/01/90 


02 01 90 


01 10 90 


01 18 90 


03 03/90 


06/01/90 


02/15/90 


01 25/90 


02 01 90 


03/17/90 


06/01 90 


03/01/90 


0208/90 


02 15 90 


03/31/90 


07/01/90 


03/ 15 '90 


02, 22/90 


0301 90 


04/14/90 


07/01/90 


04 0290 


03/1290 


03/19 90 


05/02/90 


08/01/90 


04' 16 90 


03 23/90 


03/30 90 


05/16,/90 


08/01/90 


05/01,90 


04 09 90 


04 17 90 


05/31,90 


09/01/90 


05/15/90 


04 24 90 


05,01 90 


06/14,90 


09/01/90 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administralive Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



inu: 15 - DKPAR IMKM Ol NAIl RAL 
RKSOl RCFS AM) ( OMMlTsll Y 

i)i:m:i.()pmi:m 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the NRCD, Division of Coastal 
Management intends to amend rule(s) cited as 
15 \CAC 7H .0209; 7 J .0203. 

I he proposed effective date of this action is June 
/. /'/V9. 



Th 



he public hearing will be conducted at 10:00 
a.m. on March 30, 198') at Blockade Runner, 275 
Waynick Boulevard. Wri^ht.n-illc Beach. \'C 
28480. 



Co 



,- omment Procedures: A II persons interested in 
these matters are im-ited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Any persons desiring to present lengthy 
comments is ra/uested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public heating. Additional information co/i- 
cerning the hearing or the proposals may be ob- 
tained by contacting Portia Rochelle. Division of 
Coastal Management, P.O. Bo.x 27687, Raleii;h, 
h'C 27611-7687, (919) 733-2293. 

CHAPTER 7 - COASIAI, MANAGFMKNT 

SI BCIIAPTF.R 711 - STAFF. Gl IDFI INFS FOR 
ARFAS OF FNMRONMFN FAI. C ()N( FKN 

SFCFION .0200 - TIIF KSTl ARINF S^SIFM 

.0209 FSFl ARINF SIIORKLINFS 

(e) Use Standards 
(2) All development projects, proposals, and 
designs shall limit the construction of 
impervious surfaces and areas not allow- 
ing natural drainage to only so much as 
is nccessar> to adequately service the ma- 
jor purpose or use for which the lot is to 
be de\eIoped. Impervious surfaces shall 
not exceed 3(1 percent of the AliC area of 
the lot, unless the applicant can effectively 
demonstrate, througli inno\'ati\e design, 
that the protection provided by the design 
would be equal to or exceed the pro- 
tection by the 30 percent limitation. Re- 
de\'elopment of areas exceeding the 30 
percent imper\ious surface limitaticm can 
be penuitted \\_ imperxious areas are not 
increased and the applicant designs the 



project \o_ comply with the intent o\_ the 
rule to the maximum extent practical. 

Statutory Authority G.S. 1 13A-I07(b); 
II3A-108; 113A-Il3{b); 1/3A-124. 

SI lU IIAl'IFR 7,1 - I'ROC FDl RFS FOR 

HANDI IN(; MA.IOR l)F\ FFOI'MFN F 

I'FRMFFS: \ ARFWC F RFQFFSFS: AIM'FAFS 

FROM MINOR DFNFFOI'MFM I'FRMFF 
DFCISIONS: AM) nF( l.ARAFOR\ Rl FINCS 

SECTION .0200 - ArPLICATION PROCFSS 

.0203 I'RFPARA FION OF WORK PFAFS 

(c) Applications arc often made for penults to 
authorize projects that have a portion q[ the de- 
velopment (uitside .Areas of 1 jn ironmental 
Concern. Some infonriation concerning plans 
for development outside AT.Cs is necessary to 
detenriine compatibility with the local I and I'se 
Flan and to be rea.sonablv sure that such de\el- 
opment will not adversely impact vM'Crs. 
therefore, any application for a (?A\1A or 
Dredge and I ill pemiit shall include, at a mini- 
mum, the following information: 

detailed infonnation on any development 



ill 

121 
(31 



til 



located iji or directh impacting an A\C 
a plat showing the entire tract ot land to 
be de\el(>ped and possible access or road- 
way locations; 

maps or statements concerning the lo- 
cation ot wetlands within the project area 
to the extent that a wetlands examination 
has been made by a pn\ate consultant or 
govemiuent agency. Fach de\eloper of a 
project IS urged, for his own protection 
and planning, to procure such infonnation 
prior to submission for a ('/\\1,-\ pennit; 

a naiTali\'e descnption ot the proposed 
development that shall include, at a mini- 
iniuu, the following information: 



(A) the character of the dc\elopment 
residential, commercial, recreational, etc. 



(R) the maximum number ot" residential 
living units that will be pcnnitted; 

(C) the maximum acreage that will be uti- 
lized for non-residential purpxises: 

(D) a statement as to whether wastewater 
treatment [s to be Irv municipal system, 
septic tank, or other on-site treatment 
system. A general description oi any on- 
site treatment system shall Itc included; 

as required bv 
is available 



fF) 



statement that access. 



md use reculations 



through the site to the .Area o[ 1 n\iron- 
mental Concern without crossing any 
Section '404' wetland or. if such a crossing 
is required, a statement that said crossing 



NORTH CAROLINA REGISTER 



1010 



PROPOSED RULES 



is properly authori/ed. If the site contains 
significant wetlands, such statement may 
be required from a qualified private con- 
sultant or eo\emment agency, based on 
an examination of the property by such 
private consultant or government agency. 
The C.Wl.A permit when issued may be 
conditioned upon the procurement of any 
required wetlands permit, if tfie need for 
such IS disclosed by such statement; 
(5) any maps or plans that ha\c been prepared 
to meet other regulator\' requirements 
such as stormwater management and sed- 
imentation and erosion control. 



Co 



Following re\'iew of the permit application, in- 
cluding the aforementioned supporting data 
(Subparagraphs 1 - 5 ) , a permit may be issued 
conditioned upon compliance with the de\elop- 
ment parameters provided in the narrative state- 
ment accompanying the application. .\ny 
subsequent \iolation of these narrati\e standards 
as incorporated within the permit shall be a per- 
mit \'iolation. No subsequent permit, permit 
modification, or other agency appro\al shall be 
required for anv subsequent uork performed 
outside the .Area of I"n\ironmental Concern as 
long as such work is within the parameters de- 
scribed in the narrati\e statement presented with 
the permit, and included in the permit condi- 
tions. An\' subsequent change in the de\elop- 
ment which changes the parameters of the 
narratixe. statement shall be submitted to the 



staff, but no new permit or pennit modification 
shall be required unless staff finds that the 
changes would have reasonable expectation of 
ad\'ersely affecting an .Area of I"n\ironmcntal 
Concern or rendering the project inconsistent 
with Local I and Use Flans. 

Statutory Authority G.S.J J 3.4-1/ 9: 1/3.4- 1 24. 



1\ otice is /icreby gh-en in accordance with G.S. 
/50B-/2 tliat t/ie ".Kort/i Carolina Wild/ife Re- 
sources Commission intends to amend ru/e cited 
as /5 SC.4C JOB .0/05. 



n 



/it' proposed effective date of this action is .July 
/. /9S9. 



Th 



he public /tearing will be conducted at 7:30 
p.m. on .March 2~. /9S9 at .\orth Carolina .Marine 
Resources Center. Manteo. .Worth Carolina. 



comment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, t/ie record of hearing will 
be open for receipt of written comments from 
.March /3, /989 to April II, 1989. Such written 
comments must be delivered or mailed to the 
Wi/d/ife Commission, 512 N. Sa/isbury St., Ra- 
/eigh. \C 276/1. 

CH.XPTER 10 - WILDLIFE RESOLRCES AND 
\\ .\TER S.AFETY 

SUBCHAPTER lOB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0105 MIGRATORY GAME BIRDS 

(b) Notwithstanding the provisions of G.S. 

11 3-29 1.1 (a) and (b), the foUowing restrictions 

apply to the taking of migratory game birds: 

(4) In that area of Roanoke Sound adjacent 

to and immediately Northeast of Roanoke 

Island as marked by buoys designating the 

waterfowl rest area, it shall be unlawful to 

harass or take any waterfowl. 



.4utliority G.S. //3-/34: // 3-274; // 3-274: //3- 
29/./; 50 C.F.R. 20.2/: 50 C.F.R. 20. /05. 

■k-k-k*-k-k*-k**-k-k-k-k**-k-k 



inn ly Otice is liereby given in accordance with G.S. 

/50B-/2 that the Sorth Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as /5 XCAC /OB .0/06. .0//9; /OH .1003; adopt 
15 SCAC I OH .1005. 



1 he proposed effective date of t/iis action is July 
/. /989. 

1 he public hearing will be conducted at /0:00 
a.m. on March 23. 1989 at Room 386, .4rchdale 
Building, 5/2 .\ . Salisbuty Street, Raleigh, North 
Carolina. 



Cc 



omment Procedures: Interested persons may 
present t/ieir views either orally or in writing at the 
/learing. In addition, the record of hearing will 
be open for receipt of written comments from 
.March 8. 1989 to April ". 1989. Such written 
comments must be delivered or mailed to the .\ .C. 
Wildlife Commission, 512 S. Salisbury St., Ra- 
leigh. SC 276//. 

.0106 WILDLIFE KILLED FOR DEPRED.VTIONS 
OR ACCIDENTALLY 



1011 



NORTH CAROLIN.i REGISTER 



PROPOSED RULES 



(a) Depredation Pcnnit. 

(2) Other Wildlife Species. Fxcept as pro- 
vided in Subparagraph (1) of this Para- 
graph, the executive director of the 
Wildlife Resources Commission may, 
upon application of a landholder and after 
such investigation of the circumstances as 
he may require, issue a permit to such 
landholder to take any species of wildlife 
which is or has been damaging or de- 
stroying his property provided there is ev- 
idence of substantial pn)perty damage. 
No permit mav be issued for the taking 
of any migratory birds and other federally 
protected animals unless a corresponding 
\'alid I .S. iish and Wildlife Service 
depredation pemiit has been issued. Ihc 
permit shall name the species allowed to 
be taken and, in the discretion of the Ex- 
ecutive Director, may contain limitations 
as to age, sex or any other condition 
within the species so named. The pennit 
may be used only by the landholder, ex- 
cept that, upon written request of the 
landholder and when it is conclusively 
determined on the basis of information 
submitted by him that he is incapable of 
accomplishing the ncccssan, control with- 
out help, the names of additional persons 
may be entered upon the pennit by the 
Executive Director as authorized users. 

(3) Taking Without a i'ennit. I'xcept as 
provided in Subparagraph (1) of this Par- 
agraph, a landholder may take wildlife 
except migrator\ birds and (^ther federally 
protected animals upon his own land 
without a pennit dunng closed season on 
the species involved only when such 
wildlife is in the act of damaging or de- 
stroying the property of such landholder. 

Statutory Authority G.S. 113-134: 113-273: 
113-274: 1 13-291.4: II3-29I.6: 113-300. 1: 113- 
300.2. 

.0119 WILDI.IIK COLl.hXTOKS 

(a) Collection Licenses. The E^xecutive Direc- 
tor is authorized to license qualified indi\iduals 
to take or collect any species of wildlife resources. 
wH4 animal tvf wtW- bird, other than an endan- 
gered or threatened species. Such license sliall 
be issued upon payment of a fee of five dollars 
($5.00), except that licenses may be issued to re- 
presentatives of educational or scientific insti- 
tutions or of governmental agencies without 
charge. Such license may be used in lieu of any 
other hunting or trapping license required by law 
and shall authorize possession and transportation 



of the wildlife incidental to the authorized taking, 
except that it shall not authorize the taking, pos- 
session or transportation of any species of wildlife 
in violation of federal laws or regulations. 

Statutory Authority G.S. 113-134: 113-272.4. 

SI BCIIAPIKR lOII - RKGULATED ACTIVHIKS 

SECTION .1000 - TAXIDERMY 

.100.? RECORDS 

(a) Evoi'y liconood taxidermir . t ohall koop »«■ »6- 
curato record ©f each wildlife r i pecimcn accepted 
hf bifft fof taxiderm y puqior . of i . E.verv licensed 
taxidermist shall keep an accurate record of each 
wildlife specimen contained within his place of 
business. Such record shall include the species 
and sex of the specimen, the date of delivery, the 
name and address of the person delivering the 
specimen, the name and address of the person 
killing the specimen il different from those of the 
person delivering the same, the date when and 
the location where the specimen was killed, and 
the date and disposition of the mounted speci- 
men. Such records shall be maintained chrono- 
logically by dates of deliverv' of specimens to the 
taxidermist during the taxidermy license year, 
shall be retained by the taxidermist for at least 
one year after the termination of the applicable 
taxidenny license year, and shall be made avail- 
able for inspection, upon request by any agent 
of the Wildlile Resources Commission. 

(b) The records required by the United States 
Eish and Wildlife Service under its taxidenny 
permit regulations for migratory game birds (50 
C.E.R. 21.24) are sufficient to satisfy require- 
ments under this Rule. 

Statutory Authority G.S. 113-134: 113-273. 

.1005 TAXIDERMY PRESERVA I ION KACIIITY 

(a) Every individual operating a preservation 
facility for a licensed taxidennist shall be listed 
on the sponsoring taxidennist s annual hccnse 
application and on the license itself. The taxi- 
dermist shall provide the operator of each spon- 
sored preservation facility with a copy of the 
taxidermy license which shall serve as a permit 
authorizing the facility to possess wildlife owned 
by another. The purpose of this possession shall 
be to provide temporary' storage for wildlife spe- 
cimens accepted for taxidenny purposes. Pres- 
ervation facility operators are not authorized to 
process, skin, or conduct any regulated taxidermy 
acti\itics. 

(b) Before an individual operating a preserva- 
tion facility accepts deliNciy of any wildlife he 
must ascertain that the wildlife was lawfully taken 



M)RTH CAROLINA REGISTER 



1012 



PROPOSED RULES 



and shall keep written records as specified in Rule 
.1003 of this Subchapter. 

(c) The prescr.'ation facility and its records 
shall be accessible for inspection upon request 
by any agent of the Wildlife Resources Commis- 
sion. 

(d) It shall be the responsibility of the spon- 
soring taxidermist to ensure that each preserva- 
tion facihty listed on his license is operated in 
compliance with all rules governing this activity. 

Statutory Authority G.S. 11 3- 1 34: 1 13-273. 

TITLE 16 - DEP.ARTMENT OF PLBLIC 
EDUCATION 



lyotice is hereby given in accordance with G.S. 
I50B-I2 that the State Board of Education in- 
tends to adopt rulefsj cited as 16 SCAC 6.4 
.0003. 



Th 



he proposed effective date of this action is Julv 
I, 19S9. 

1 he public hearing will be conducted at 9:30 
a.m. on March H, I9S9 at 3rd Floor Conference 
Room, Education Building. 116 West Edenton 
Street. Raleigh. SC 27603"- 1~ 12. 

K^ omment Procedures: :\ny interested person 
may present vie\^s and comments either in writing 
prior to or at the hearing or orally at the hearing. 



No 



otice is hereby gi\-en in accordance with G.S. 
1 SOB- 12 that the \.C. State Board of Cosmetic 
Art Examiners intends to amend rulefsj cited as 
21 XCAC 14L .0101 - .0102. .0202 - .0204, .0207 
- .0212, .0214; and repeal 14L .0103 - .0104, 
.0201. .0205 - .0206, and .0213. 



Th 



he proposed effective date of this action is June 
1, 1989. 



1 he public hearing will be conducted at 10:00 
a.m. on March 20, 1989 at S.C. State Board of 
Cosmetic .4rt Examiners, 4101 North Blvd.. 
H, Raleigh. Sorth Carolina. 



Suite 



Co 



■ ommenl Procedures: A ny person may request 
information or copies of the proposed rules by 
writing or calling Vicky R. Goudie, Executive 
Secretary-. .\'.C. State Board of Cosmetic Art Ex- 
aminers, 4101 Sorth Blvd.. Suite H, Raleigh, 
Sorth Carolina 27604, (919) ^90-8460. Written 
comments on these rules may be sent to Mrs. 
Goudie by February 20, 1989 at the above ad- 
dress. Written and oral (for no more than ten 
minutes) comments on these rules may be pre- 
sented at the hearing. S otice should be given to 
Mrs. Goudie at least three days prior to the hear- 
ing if you desire to speak. 

CHAPTKR 14 - BO.ARH OF COSMETIC .ART 
KXAMINKRS 

SIBCHAPTF.R 14L - TEACHING STAFF 



CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDLC.\TION 

SUBCHAPTER 6.\ - ORGANIZATION PLAN 

.0003 EMERGENCY CLOSING OF 
INDI\ IDLAL SCHOOLS 

If an individual school within an administrative 
unit is closed on account of emergency condi- 
tions that might be threatening to the health, 
safety, and welfare of students and staff, the LEA 
may petition the SBE to suspend the day or days 
from the 180 day school term without loss of 
credit to students or pay to staff, regardless of the 
status of school closings and make-up days for 
the admmistrative unit as a whole. 

Authority G.S. ll5C-84(c): S.C. Constitution. 
Article Lx. Sec. 5. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



SECTION .0100 - TEACHER EXAMINATIONS 

.010! Ql ALIFICATIONS 

X^ pon . on r . hall b# oligiblo te tek* &» e xamina 
^oft te- h^ c < ?rtified a* » toachor »f coomotic art* 
unlociC i he B+ 4+* Iw* t^ folloV f ing qualifications: 
^-f at- l e ant five years oxporionco a* a rogiotorod 
cosmetoiogist practicing cosmotic art- m a 
beauty shop immediat e ly pnor te- applying 
fof examination: aft4 
fS-^ hs a licensed coL i metologist V i ho 1»* prac 
tic e d a* a rogistorod cosmetologist ift a» ap- 
provod b e auty salon a* least 4-s months aft4 
ha^ complet e d at- k»^t■ AUiX hours ef t e ach e r 
training » at* approved beauty school ©f 
college, consisting ef tl« foUo' i Ving: 
(-af (4 t» 5<4<4 hours orientation wwt- planning, 
daily l e sson planning aft4 clinic manag e 
ment planning aH- under the supep i ision 
64 a licensed instructor: 
(-b-^ JW t«- 4Uft hours t» be used h^ the trainee 
ift conducting th e ory ' classes, practical 4e- 
monstrations aft4 clinic manacomont tift- 



lOli 



NORTH C.AROLLSA REGISTER 



PROPOSED RULES 



t}t»f f4+e J i root sup t^ rvi 'i ion trf » liconwd 
in ii tmotor; 
(t^ mu 'i t W rt ' gi i itLTL ' c] with t4+e Hoiiid hfRire 
L'nti ' rinui y+e> teach e r trainiiiij pitiimiin afni » 
copy ef hi^ i' h e r high I' dnu)! diploma mu '. t 
tn* attached t+^ Ae enrollment; 
(a) Under ho condition i*f<* houn i fof credit 
retroacti' i e prior t+» registration with tl+w 
Board: 
(t>^ At »«• time j ihall the trainee 4tv clinical 
work H* t-h*» I ' l chool; 
(-4-)- mu! ' t cc)mply with prer . ent regukitionu Fe- 
quiring * high school diploma »f equi* . 
alency: 
(4) muot pw tot dollars ($1( 1 .00) license feer 
(4^ A44 teachers taking t+H» State Board lixam 

1 1 IT.) 1 1\ T 1 1 TTTTT T^^ r ^^-? U 1 1 \.\1 \\r I II l\ t I '1 ' 1 1 T L'U I I U 1 ^.'VT 

hoforo b e ing i '. sued a licen ' io. 
(a) To be a cosmetology teacher, an applicant 
must be a cosmetolonist and must: 



(21 



I lave a high schoc^l diploma or a high 
school graduation equi\alencv certificate: 

I lave practiced cosmetology in a beauty 
salon for at least six months: 

Have completed a lOOU-hour teacher 
training c(Hirsc in a cosmetolog\- sch(H-)l: ^^^ 



and 



(4) l\iss the cosmetologN teacher's examina- 



tion. 



(b) 1 his Rule applies to an\(>ne who submits 
an application to be a cosmetology teacher on 
or alter April _K 1*^)89, except those uho were 
enrolled in a teacher training course on that date. 



The rules in effect until April _f l'-)S'), apply to 
applicants who were enrolled in a teacher training 
course on that date. 

Statutory Authority G.S. 88-23. 

.0102 IKACMKR TRAIMNG ( I RRICIMM 

I ' nder a student program ««■ applicant mu -. t 
base 1 ,000 hours ef teachers training: and. make 

examinations a^ pie '. crib e d iȴ t4+e IJoard. 

To meet the appro\al of the Board, a teacher 
training course must consist of a[ least lOOO 
hours of inslructicm in the()r\ and practical ap- 
plication, di\ided as follows: 
( I ) Two hundred hours of instniction on 
methods o\_ teaching and the law s go\erning 
cosmetokvg\ . Ui include the foUouing topics: 

(a) instinct i(m ni teaching techniques: 

(b) instruction m preparing lesson plans: 

(c) instruction in preparing class lectures and 
presentatiiMis: 

(d) instructions in preparing examinations: 
and 



(e) Chapter SS of the North (Carolina Cicneral 
Statutes and the rules of the Board. 

(2) One hundred lifty hours of instruction in 
practical cosmetology, to include the fol- 
lowing topics: 

(a) c()ld waving^ 

(b) hair shaping and hair cutting; 

(c) hair and scalp treatment; 

(d) tempc^rary and semi-pennanent colonng 
and bleachini^ of hair, hairpieces, and 
wigs; 

(c) hairstvling; 

(f) manicunng; 

(g) relaxing hair by the use of chemicals; 

(h) professional and personal operator devel- 
opment; 

(i) use of electric marcel curling irons; 

(i) hair chemistry; 

(k) chemistr\ related to shampoos and other 
liquids applied to hair; 

(I) tinting and arching eyebrows; and 

(m) use of blow dryers. 
During this phase of the teacher training 
course, the cosmetolog\' teacher trainee must 
begin preparing daily lesson plans, lectures, 
and examinations and must obser\'e lectures 



given by cosmetology teachers. 



(3) Six hundred tlltv hours of practice teaching, 
to include the tollowing: 

(a) conducting theory' classes from prepared 
k'sson plans; 

(b) prepanng and ,gi\ing examinations; and 

(c) gi\ing practical demonstrations. 

Statutory Authority G.S. 88-23. 

.0103 SLBSTITITES (REPEALED) 
.0104 niANOES IN TEA( IIINC. STAFF 
(RKI'EALED) 

Statutoty Authority G.S. 88-23. 

SECnON .0200 - STL DENT INSTRUCTOR 
IRAINKE PR0(;RAM 

.0201 REQLIREMENTS (REPEALED) 

Statutory Authority G.S. 88-23. 

.0202 INLORMAIION REQLIRED BY THE 
HOARD 

At the time an application for the examination 
in cosmetic arts is submitted to the Otfice of the 
Board, the following infomiation must be en- 
closed by the prospective instructor trainee: 
cosmetology teacher: proof of high school grad- 
uation. 

f+-^ proof of 14eh- school graduation, im4 



NORTH CAROLINA RE(,ISTER 



1014 



PROPOSED RULES 



f^ a li'ttLT from tke r ' t'liool nwni'r »f a t e acher 
roquo ' -iting ttwt- A* ' itudent h^ giv e n pennir i 
sieft to- rumuin » tt+e lichool te b e gm h« »f 
hef in '. truotor truinoo program. 

Statutory! Authority G.S. SS-23. 

.0203 FAII.l RK TO SI BMIT RKQl IRED 
IM ORMATION 

Failure to submit att »f the information listed 
under 21 NCAC 14L .0202 at one time, will 
cause the trainoo prospective cosmctolog%' teacher 
to be denied permission to- b e gin ^w trainoo 
program, to take the examination. 

Statutory Authority G.S. SS-23. 

.0204 PASSING SCORK FOR A TEACHER'S 
LICENSE 

(t*^ a par . f i ing ocoro ef 50 percent »» both 
practical aft4 t4w theory e« Ae special o.xamina 
tion, Aat- Ht te be gison by t4*e m e mbers ef A# 
Board, witt qualify tfee instructor trainoo fe* t4*e 
PtOgir i torod Apprentice I.icenoo. 

fb4 A score ef »<• l e ast ^ percent »» both 
practical aft4 thoon . ", «« Ae sp e cial examination 
given b¥ Ae members trf t+te Board. wtH- qualify 
those requesting permission t© be a student m- 
structor trainoo. 

fe^ A letter wttt be mailed te- Ae school ef 
college tev ave pormis '. ion fo* t+ie successful ap- 
plicant t» continue i«- Ae lichool »f college te- 
train tossard their teachers e xamination. 

(4^ Applicantc i . fef trainees, vAe- malce le^ than 
^ percent »«■ both practical aft4 th e op .' »» Vbe 
e xamination w+ii FH*t- be p e nnitted te continue ift 
the school e* college unless student r e applies 
within ^ days &i Ae date e4^ e xamination. 

A cosmetologist must score at least 85 on each 
part of the cosmetolog\ teacher's examination to 
pass the examination. .An applicant who fails the 
cosmetology' teacher s examination two or more 
times may not take the examination again until 
the applicant takes additional cosmetology' 
courses or takes other steps to increase the like- 



lihood that the applicant will pass the examina- 
tion. The Board must deten'nine the adequacy 
of steps taken bv an applicant to enable the ap- 
plicant to take the teacher's examination a third 
or subsequent time. 

Statutoiy .Authority G.S. SS-23. 

.0205 DIMSION OF CI RRICL LLM Dl RING 

TRAININC; (RKPKALEO) 
.0206 CL RRICl LLM AND COLRSE WORK 

(REPEALED) 

Statutoty Authority G.S. SS-23. 



.0207 TEACHER TRAINEE NOTEBOOK 

{etj ?^ North Carolina State Board ef Coo 
metio Art Fixaminero WiU r e quire each student 
instructor trainee t» compile a notebook, con 
taining a copy ef aH- units, daily lesson plans, e*- 
aminations, aH4 other material which have boon 
pr e pared by Ae trainee during hi* training. 

ft4 Ihis notebook shall be mad e as'ailablo at- 
aft¥ t««e f&f t4*e inspector's ro' . iow aft4 v41i be 
pr e sented <ifi4 used during Ae student instructor 
trainee e xamination. 

Fach cosmetology teacher trainee shall compile 
a notebook containing a copy of aU units, daily 
lesson plans, examinations, and other materials 
prepared bv the trainee. The trainee must pres- 
ent this notebook to the Board or its inspector 
upon request and may use this notebook during 
the cosmetology teacher's examination. 

Statutory Authority G.S. SS-23. 

.0208 SLPERMSION OF COSMETOLOGY 
TEACHER TRAINEE 

At no time shall a student instructor teacher 
trainee be left in school without super\'ision of a 
licensed teacher. Violation of this Rule shall be 
just cause to revoke the permission to conduct 
the student cosmetology teacher trainee program 
for a period of one \'ear. 

Statutory.' Authority G.S. SS-23. 

.0209 TIME REQLIREMENTS 

(a) The student instructor teacher trainee pro- 
gram shall be a full time program, fof those 
given permission by the momboro ef ih% Board. 
Cr e dit ef time w*4+ be given from t+»e time Ae 
examination application t* receisod ift tite Oflico 
B+" the State Board, provided they pas* tbe S4+i- 
dent I rainoo Fxamination with a grado ef S-^ 
p e rc e nt »» both parts. 

(b) A full time program means the trainee shall 
be present all day, each day the school is open for 
business, unless out because of illness, or the at- 
tending of a teacher training course as required 
b>' the Board. 

(e^ fte Office b( t4^ Board shall be advised m 
ea*e &f absence ef vbe tramee. 

f4) (cj The i' tudent instructor teacher trainee 
shall not be gi\'en credit for more than eight 
hours per day and 40 hours per week. 

(e) (d} A record of the hours earned as a trainee 
each day shaU be kept subject to an inspection. 

Statutory Authority G.S. SS-23. 

.0210 EFFECT ON SFL DENT-TEACHER RATIO 



WIS 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(») -fh^ boauty school Bf collogc? having a* 
many as twe fatt timo touohors may h» allowed 
«p i» twe otudont inotruotor trainuoo m the 

^^^J^^^^^^L ^^L ^^J^^^ ^^J^^^^L t^^^^t t^^^^t JT^^^J-^ ^I^^^J^ ^^^^^^^ 

(fe) Schools has'ing &i4y »«# fott time toachar 
may be allowed only e«e student instructor tfai- 

A student who is a cosmetology teacher trainee 
need not be counted as a student in computing 
the allowable student-teacher ratio set by Rule 
.0013 of Subchapter 14Cj. A cosmetolo.gy 
school, however, must have at least one cosme- 
tology' teacher for every five teacher trainees, and 
a cosmetology school may not count a teacher 
trainee as a cosmetology teacher in computing 
the allowable student-teacher ratio. A cosme- 
tology teacher trainee shall not perform work on 
the public while at the cosmetology' school. 

Statutory Authority G.S. 88-23. 

.02 1 1 EXTRA STUDENTS 

Schools and colleges cannot enroU extra stu- 
dents in the school for the student instructor 
trainoo. teacher training. 

Statutory Authority G.S. 88-23. 

.0212 CREDIT 

faf The hours earned in the school under the 
student instructor trainee teacher training pro- 
gram cannot be certified by this Board as any- 
thing other than student instructor trainee 
teacher training program. 

oer^'od e» his »f kef apprenticeship h» t4*e school. 



Statutory Authority G.S. 88-23. 
.0213 TRANSFER (REPEALED) 

Statutory Authority G.S. 88-23. 

.0214 LICP:NSINr, 

fa) A student instructor trainee must apply fef 
a cosmetologist license upon compl e tion »f SHi- 
months apprenticeship as a student instructor 
trainee. 

(fe) ¥^ secure tbe cosmetologist license, the af- 
fidavit must be completed showing y*e date be- 
ginning »ft4 tbe date ending, tbe name ef the 
school, tbe t e ach e r's name awd cosmetologist li- 
cense number aft4 have tfei* information and tbe 
signature ef tbe teacher (cosmetologist) nota 

fe) Tbe affidavit, tbe apprentice license ef tbe 
trainee, and tbe required foe f»f securing tbe ees- 
metologist license must be submitted te tbe 
Board. 

fd) After completing tbe student instructor 
trainee requirements as outlin e d ift 34- NCAC 
44fc .0200. tbe trainee must apply, by letter, te 
tbe Board fe* tbe examination fe* a t e ach e r's 
c e rtificat e . 

(e) (a] Must pay a ten dollar ($10.00) license 
fee. 

(^ (b) The teacher trainee must be issued a 
cosmetologist license before he or she can qualify 
to apply for the teacher's examination. 

Statutory Authority G.S. 88-23. 



NORTH CAROLINA REGISTER 



1016 



LIST OF RULES AFFECTED 



NORTH CAROI.INA ADMIMSTRATIVE CODE 
EFFECTIVE: February I, 1989 



AGENCY 

DKPARIMENT OF AOMIMSTRAl ION 



1 NCAC 


11 


2103- 
2116 


.2105 






2119- 


.2121 






2123 








2201 - 


.2204 


DEPARTMENT OF AGRICll 


Tl RE 





2 NCAC 9L 

GOVERNOR'S OFFICE 

9 NCAC 2 



.1002 



Executive Order Number 79 
Eff. January 5, 1989 
Executive Order Number 80 
Eff. January 10, 1989 
Executive Order Number 81 
Eff. January 12, 1989 



DEPARTMENT OF HI MAN RESOl RCES 



10 NCAC 7A .0401 




lOG .0901 - 


.0914 


14K .0365 




15A .0104- 


.0113 


,0114 - 


.0129 


18F .0312- 


.0320 


18M .1203 - 


.1204 


DEPARTMENT OF INSl RANCE 




11 NCAC 6A .0101 




.0201 




.0202 - 


.0207 


.0210- 


.0217 


.0219 




.0220 - 


.0237 


.0301 - 


.0306 


.0401 - 


.0408 


.0409 




.0410 




.0411 




.0412- 


.0413 


.0501 - 


.0505 


.0506 - 


.0507 


.0601 




.0603 - 


.0604 


.0605 




.0701 - 


.0706 



ACTION TAKEN 



Amended 
Amended 
Repealed 
Repealed 
Adopted 



Amended 



yVmended 
Temp. Adopted 
Expires 07-19-89 
Adopted 
Repealed 
Adopted 
Adopted 
Adopted 



Amended 

yVmended 

Repealed 

Amended 

Amended 

Adopted 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Adopted 

Amended 

Adopted 

Amended 

Amended 

Repealed 

Adopted 



1017 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



DEPARTMENT OK EABOR 



13 NCAC 7C 


.0103 




13 


.0401 - 


.0402 


15 


.0503 




DEPARTMENT OF REVENUE 




17 NCAC 6B 


.0312 
.1706 
.2201 
.3704 




SECRETARY OF STATE 






18 NCAC 6 


.1701 - 


.1714 




.1801 - 


.1811 


DEPARTMENT OF STATE TREASURER 


20 NCAC 2M 


.0101 - 


.0103 




.0201 - 


.0206 




.0301 - 


.0308 


BOARD OF OF'TICIANS 






21 NCAC 40 


.0101 
.0104 
.0106 
.0108 
.0109 




\-— ' 


.0110 






.0111 - 


.0112 




.0201 






.0202 






.0203 






.0205 - 


.0206 




.0209 - 


.0211 




.0301 - 


.0303 




.0304 






.0307 






.0312 






.0314 






.0317 






.0318- 


.0321 




.0322 






.0323 




REAL ESTAIE IK ENSING BOARD 





21 



NCAC 58A 



.0101 
.0103 
.0105 
.0110 
.0301 
.0401 
.0406 
.0501 
.0506 
.0509 



.0108 
.0112 
.0302 



.0504 



Amended 
Amended 
Adopted 



Amended 
Amended 
Amended 
Amended 



Adopted 
Adopted 



Adopted 
Adopted 
Adopted 



Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 



Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
/Vmcndcd 
Amended 
Amended 
Amended 



NORTH CAROLINA REGISTER 



1018 



LIST OF RULES AFFECTED 



.0601 




.0607 




.0609 




.0610 




.0611 




.0701 




.0803 




.0805 




.0902 




.1001 - 


.1006 


.1101 - 


.1102 


.1103 




.1104- 


.1105 


.1107- 


.1109 


.1111 




.1201 - 


.1206 


.1301 




.1304- 


.1305 


.1307 




.1311 




.1314 




.1316- 


.1317 


.1402- 


.1404 


58B .0101 




.0103- 


.0104 


.0201 - 


.0202 


.0301 




.0501 




.0602 




HOI SING KINANCK AGFNT^ 




24 NCAC IB .0004 




IL .0201 




OFFICE OF STATF PFRSONNEL 




25 NCAC ID .1603 




.1903 




.1932 




.1935 




.1939- 


.1941 


.1945 




11 .0603 




.1307 




.1309 




IJ .0501 




.0807 




OFFICE OF AOMIMSTRATIN E HEARINGS 


26 NCAC 3 .0022 





Amended 
Amended 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
^•\mended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



Adopted 
Amended 



Amended 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 

Amended 

Amended 

Amended 

Amended 

Adopted 



Amended 



1019 



NORTH CAROLINA REGISTER 



NCACINDEX 



TITLE/MAJOR DIVISIONS OF I HE NOR I H CAROLINA ADMINISTRATIVE CODE 
IITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
I9A 
20 
♦21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

I^bor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Public Education, Department of 

Revenue, Department of 

Secretap,' of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

fn'dependent Agencies 

State Personnel, Office of 

Administrative Hearings, OlTice of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorcstcrs, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Litters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing I lome Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Lxamincrs in 



NORTH CAROLINA REGISTER 



1020 



NCAC INDEX 



44 Osteopathic Hxamination and Registration, Board of 

46 Pharmacy, Board of 

48 Ph> sical I'herapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatr> lixaminers. Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and I,and Surveyors, Board of 

58 Real l:state Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



1021 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CVMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRATION 

Administrative Analysis Division, 447-PR 
Auxiliary Services, 270 PR 
Departmental Rules, 270 PR 
Human Relations Council, 609 PR 



Issue 



1 - 25 1 - April 

26 - 108 2 - April 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 

348 - 400 9 - August 

401 - 507 10 - August 

508 - 523 11 - September 

524 - 593 12 - September 

594 - 606 13 - October 

607 - 686 14 - October 

687 - 728 15 - November 

729 - 799 16 - November 

800 - 833 17 - December 

834 - 853 18 - December 

854 - 872 19 - January 

873 - 988 20 - January 

989 - 1009 21 - February 

1010 - 1025 22 - February 



NORTH CAROLINA REGISTER 



1022 



CUMULA TIVE INDEX 



State Construction, 187 PR, 834 PR 

Youth Advocacy and Involvement Office, 148 PR 

ADMINISTRATIVE HEARrSGS 

General, 579 PR 

Hearings Division, 76 PR, 581 PR 

Rules Division, 580 PR 

706 Deferral, 843 PR 

AD.MIMSTRA rn E ORDER 

Adniinistrative Order, 369 AO, 873 AO 

AGRICULTURE 

Markets, 992 PR 

Food and Drug Protection Division, 271 PR 

N.C. Gasoline and OiJ Inspection Board, 689 PR 

N.C. Pesticide Board, 524 PR 

N.C. State Fair. 451 PR 

Plant Industry-. 453 PR. 992 PR 

Standards Division, 452 PR 

Structural Pest Control Committee, 296 PR 

Veterinary Division, 993 PR 

COMMERCE 

/Vlcoholic Beverage Control Commission, 276 PR 

Departmental Rules, 612 PR 

Milk Commission, 120 PR, 190 PR 

N.C. State Ports Authority, 731 PR 

Seafood Industrial Park Authority, 613 PR 

COMMLAITY COLLEGES 

Community Colleges, 287 PR, 557 PR 

CORRECTION 

Division of Pnsons. 490 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 

CULTURAL RESOURCES 

Division of Archives and History, 691 PR 

EDUCATION 

Elementary and Secondary Education, 862 PR, 1013 PR 

ELECTIONS 

State Board of Flections, 120 PR 



EXECUTn E ORDERS 






Executive Orders 68 - 


71. 1 


FO 




72, 119 


FO 




73, 146 


FO 


74 - 


75, 508 


FO 


76 - 


77. 594 


FO 




78. 800 


FO 


79 - 


81.989 


FO 



EESAL DECISION LETTERS 

Voting Rights Act, 5 FDF, 26 FDF, 185 FDF, 267 FDF, 295 FDF, 370 FDL, 



I02i NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



401 FDL, 511 FDL, 597 FDL, 608 FDL, 688 FDL, 729 FDL, 801 FDL, 854 FDL, 
877 FDL, 991 FDL 

GENERAL STATUTES 

Chapter 7A, 348 GS 
Chapter 143B, 350 GS 
Chapter 150B, 352 GS 

HUMAN RESOURCES 

Division of Aging, 229 PR 
Drug Commission, 113 FR 

Facility Scr\'ices, 455 PR, 524 PR, 614 PR, 739 PR 
Health Services, 7 PR, 220 PR, 296 PR, 616 PR, 879 PR 
Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR, 461 PR 
Mental Health: General, 457 PR, 530 PR, 770 PR 
Mental Health: Hospitals, 459 PR 

Mental Health: Mental Retardation and Substance Abuse Ser\'ices, 629 PR, 
890 PR 

Mental Heahh: Other Programs, 530 PR, 
Office of the Secretary', 31 PR 
Services for the Blind, 948 PR 

Social Services Commission, 27 PR, 531 PR, 949 PR 
Vocational Rehabilitation Scrsices, 371 PR 

INDEPENDENT AGENCIES 

Agricultural Finance Auth6rity, 841 PR 

Housing Finance, 21 PR, 134 PR, 255 PR, 518 PR, 839 PR, 1000 PR 

INSURANCE 

Agent SeiA-ices Division, 238 PR, 636 PR 

Company Operations Division, 470 PR 

Consumer Services, 691 PR 

Engineering and Building Codes, 772 PR 

Fire and Casualty Division, 32 PR, 461 PR, 773 PR, 993 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

l,ife: Accident and Health Division, 534 PR 

Special Services Division, 856 PR 

Support Services Division, 856 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Services, 303 PR, 834 PR 

LABOR 

Boiler and Pressure Vessel, 598 PR 

Elevator and Amusement Device Division, 599 PR 

Notice, 607 C 

Office of Occupational Safety and Flealth, 598 PR 

LICENSESG BOARDS 

Cosmetic Art Examiners, 283 PR, 473 PR, 1013 PR 

CPA Fxammcrs, 73 PR, 472 PR, 837 PR 

Dental Examiners, 704 i'R, 820 PR 

Fxamtners of Electrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

Medical Examiners, 838 PR 

Nursing, Board of 376 PR, 477 PR, 704 PR, 965 PR 

Podiatry Examiners, 377 PR 



NORTH CAROLINA REGISTER 1024 



CVMULA TIVE INDEX 



LIS I OF Rl LKS AI FE( IKD 

April I, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
Julv 1, 1988, 335 LRA 
Auiiust 1, 1988,496 LRA 
September 1, 1988, 585 LRA 
October 1, 1988, 675 LRA 
November 1, 1988, 790 LRA 
December 1, 1988, 845 LRA 
Jamiar,' 1, 1989, 976 LRA 
I-cbruar>- 1, 1989, LRA 

NATURAL RLSOl RCKS AND CONLMLNnV DEVELOPMENT 

Coastal Management, 11 PR, 67 PR, 254 PR, 281 PR, 703 PR, 1010 PR 

Community Assistance, 69 PR, 555 PR, 836 PR 

Departmental Rules, 954 PR 

Division of Lconomic Opportunity, 556 PR, 778 PR 

Lnvironmental Management, 241 PR, 278 PR, 599 PR, 656 PR, 698 PR, 777 PR 

960 PR 

Forest Resources, 68 PR 
Marine Fisheries, 62 PR 
Soil and Water Conser\ation, 1 1 1 PR 
Wildlife Resources and Water Safety, 1 1 1 PR, 282 PR, 470 PR, 513 PR, 555 PR, 

599 PR, 656 PR, 777 PR, 805 PR, 835 PR, 860 PR, 961 PR, 998 PR, 1011 PR 

NOTICE OF PETITION 

Municipal Incorporation, 804 NP 

RFNFNLE 

Departmental Rules, 864 F'R 

Individual Income Tax, 710 FR, 825 F'R, 864 FR, 1002 FR 

License and Excise Tax, 1 13 FR 

Motor Fuels Tax, 258 FR 

Sales and Use Taxes, 386 FR, 584 FR, 826 FR 

SECRE lARY OF STATE 

Securities Division, 125 PR, 656 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR, 559 PR, 781 PR, 971 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Go\emment Commission, 18 PR 
Retirement Systems, 513 PR 

STA lEMEN IS OF ORGANIZA I ION 

Statements of Organization, 403 SO 

TRANSPORTATION 

Division of Highways, 719 FR 

Division of Motor Vehicles, 172 FR. 258 FR, 720 FR 



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